General Terms and Conditions of Contract (GTC)

A. Object of the Contract, General Provisions

1. The object of the contract is the granting of the use of the software “easytranscript” (hereinafter also referred to as “software”) by the customer for the duration of the contract.
2. The provider of the software is Climbing Perch UG (haftungsbeschränkt), Lindenstr. 33A, 12555 Berlin.
3. The customer’s own contractual provisions do not apply.

B. Services of the provider

1. The provider makes the easytranscript software available as a download. easytranscript is a transcription software. The scope of services of the software can be viewed on the provider’s website www.easytranscript.de.
2. The provider is not responsible for installing the software on the customer’s systems; the customer is solely responsible for this.
3. The provider strives to constantly expand the content of the software, to maintain it and to ensure its availability. It is continuously developed and adapted to different factors, such as the requirements of the customer, the requirements of the market and the technical and economic situation after proper consideration. The offer therefore includes the software in the current development stage. The customers have no right to claim that the software remains unchanged in its content and scope or that it has certain functions.
4. The Provider shall only be obligated to modify or adapt the Software if such modification or adaptation is necessary for the maintenance of the Software in accordance with the state of the art and the Customer uses a license model that is subject to a charge.
5. There is no claim against the provider that the software is always accessible and available and functions error-free. Nevertheless, the Provider shall endeavour to ensure that the Software is always available and functional.
6. Additionally, the provider cannot ensure that the software works equally on all devices, that the software is the same in its functionality layout or that the software remains the same. The general usability depends on circumstances that the provider cannot influence (e.g., hardware and software of the customer, data speed).

C. Contractual period, Termination

1. The use of the software is limited to the period of the contract. The term of the contract depends on the license model chosen by the customer.
2. A contract can be terminated with a notice period of two weeks to the end of the contract period.
3. After the end of the contractual period the customer has no more access to the software and therefore cannot save any user data from the software.
4. If no notice of termination is given, the contract period shall be extended by the previously agreed contract period.

D. Cost

1. The download and installation of the software is free of charge.
2. The costs for being able to use all functions of the software will be communicated to the customer in advance. The amount of the costs depends on the type of the customer (student, private person, company) as well as the number of licenses.
3. All prices are inclusive of value added tax if applicable.

E. Price adjustment

1. In the event of price alterations of the datacentre or personnel costs, the provider is entitled to adjust the remuneration for the contractual services. Such price adjustment is possible for the first time, 12 months after the conclusion of the contract and maximally twice a year.
2. The Provider shall notify the Customer of the adjusts in writing no later than 4 weeks before it takes effect. If the price increase compared to the previous price is more than 10%, the customer may terminate the respective contract with a notice period of 1 month to the end of the calendar month. In this case, the previous prices shall continue to apply until termination.

F. Obligations of the customer

1. The customer will install the software only on the number of devices specified at the time of purchase. Multiple use of a single user license on several devices is not permitted.
2. The customer is responsible for the backup of his own data and created content. It cannot be guaranteed that by a technical error or force majeure customer’s data could be deleted. After termination of the contract, it is not possible to make backups of the customer’s data.
3. The customer commits himself to refrain from actions, which affect or could affect the functionality of the software (e.g. by other software or other scripts).

G. Rights of use

1. The customer is granted the non-exclusive, non-transferable, and non-sublicensable right, limited in time to the term of the contract, to use the software to the extent granted in these GTCs. In addition to downloading and installing the software, the contractual use of the software includes loading it into the working memory, displaying it and running it.
2. The scope of the right of use depends on the licensed scope of the software and the complete payment of the costs.
3. The customer is not entitled to sell the software or the backup copy thereof including the documentation and other accompanying materials to third parties or to make them available to third parties in any other way (in particular by renting or lending).
4. The customer shall not be entitled to duplicate the software.
5. The software may not be modified by the customer and the source code of the software may not be restored by means of reverse engineering or decompilation.

H. Warranty

The statutory warranty law shall apply with the provision that a limitation period of one year is agreed for claims for defects insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.

I. Liability

The statutory liability law shall apply.

J. Final provisions

1. The contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
2. Place of jurisdiction and place of performance is the registered office of the supplier, as far as the customer is a merchant, a legal entity under public law or a special fund under public law.
3. Should individual provisions of this agreement be invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall cooperate to replace invalid provisions with such provisions that correspond to the invalid provisions as far as possible.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Climbing Perch UG (haftungsbeschränkt), Lindenstr. 33A, 12555 Berlin, E-Mail: info@climbingperch.com, Phone: +49 (0)30 1202 7669) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

– To

Climbing Perch UG (haftungsbeschränkt)
Lindenstr. 33A
12555 Berlin
E-Mail: info@climbingperch.com

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

___________

(*) Delete as appropriate.